DRC: Constitution of the Transition

Updated January 2007

The Constitution of the Transition was negotiated at the Inter-Congolese Dialogue and remained in force until the new elected president, Joseph Kabila, was sworn in on 6 December 2006. A new Constitution (2005) constitution came into effect at that point .

CONSTITUTION[1]	The transitional constitution, remains in force until the new constitution is adopted at the end of the transitional process[2]. The transitional process ends when the newly elected president is sworn in[3].
FORM OF STATE	Republic
HEAD OF STATE	The President is the Head of State and the Supreme Commander of the Armed Forces[4]. He also appoints the Governors of the provinces[5].
EXECUTIVE	Executive power is vested in the Presidency which consists of the President and four Vice-Presidents, one each from each Component[6]. The President convenes and chairs the Council of Ministers, while the Vice-Presidents each chair the four Governmental Commissions[7]. The term of the Government (as all these posts and bodies are called) expire when the transition expires.
LEGISLATURE	The legislature is composed of a National Assembly and a Senate[8]. The 500 members of the National Assembly are designated by the Components and Entities party to the Inter-Congolese Dialogue[9]. The Senate is comprised of 120 members designated in the same way as the National Assembly[10]. The National Assembly and Senate terms expire with the transition.
JUDICIARY	The judiciary is composed of the Supreme Court, the Appeal Courts and lower courts and tribunals[11]. Their appointment and dismissal is made by the President on proposal of the High Council for the Judiciary[12].

Table notes

[1] Constitution of the Transition 2002.
[2] Constitution of the Transition 2002, Article 205.
[3] Constitution of the Transition 2002, Article 196.
[4] Constitution of the Transition 2002, Articles 68, 72.
[5] Constitution of the Transition 2002, Articles 76.
[6] Constitution of the Transition 2002, Articles 81, 83. These components are the Government, the Political Opposition, the RDC and the MLC.
[7] Constitution of the Transition 2002, Articles 69, 86. These Commissions and their component allocations are the Political, Defence and Security Commission (RCD), the Economic and Financial Commission (MLC), the Reconstruction and Development Commission (Government) and the Social and Cultural Commission (Political Opposition).
[8] Constitution of the Transition 2002, Article 97.
[9] Constitution of the Transition 2002, Article 99.
[10] Constitution of the Transition 2002, Article 105.
[11] Constitution of the Transition 2002, Article 148.
[12] The members of the High Council of the Judiciary are appointed by the President in consultation with the Vice-Presidents (Constitution of the Transition 2002, Article 76).

References

CONSTITUTION OF THE TRANSITION 2002, Democratic Republic of Congo Inter-Congolese Dialogue, [www] http://www.iss.co.za/AF/profiles/DRCongo/icd/consdraft.pdf [PDF document, opens new window] (accessed 22 Oct 2007).